Miigen - Terms and Conditions

Terms & Conditions

Miigen Terms of use

Please read these Terms of Use ("Terms") carefully - by accessing or making any use of Miigen, you are agreeing to them. Our Privacy Policy deals with Miigen users' personal information and privacy.

  1. Introduction

    These Terms set out your rights and obligations, and those of Miigen (UK) Ltd ("we" or "us"), in relation to any domain or subdomain associated with miigen.com (the "Site"), any Miigen application that you access (each an "App") and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the "Services"). When we refer to "Miigen" in these Terms, we mean us, the Site, the App and/or the Services, according to the context.

    You should take the time to read and understand these Terms. By registering with Miigen, you accept that you are entering into a contract with us under these Terms. People who register for Miigen establish an "Account", and become "Users". Visitors to Miigen who do not become Users, but who nevertheless use the Site and/or download the App, affirm that they are bound by these Terms each time they access Miigen. You should be aware that these Terms may change from time to time in accordance with Clause 19 below.

  2. The Essentials of Miigen

    Miigen provides Users with the facility to:

    • create a legacy site of moments associated with their and other people's lives;
    • insert into, and associate with, digital images (each an "Image") including Voice Recordings and Video Recordings; and
    • create posts around the User's own Voice Recordings and Images.

    As Miigen evolves and changes over time, we may add or change these services.

    It is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services.

    Although we incur cost in providing you with the facility to store and access your Images, and other User Content (your "Storage"), we don't charge you for Storage. However, we reserve the right to introduce a policy under which we may charge for greater Storage. Miigen may withdraw your Storage if you have not accessed your Account at least once in any given twenty four month period. We will notify Users by email if and when we are to commence enforcing this policy.

  3. Your Account

    If we ask you to provide some information about yourself when you register for Miigen, you must ensure that this information is accurate and current. You may keep this information updated through your Account.

    Note that we are entitled to treat anything done through a User's Account, or by means of an email address, phone number or other communications method or identifier associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.

    You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we may send you important messages there. Should you provide an invalid email address or an email address that belongs to someone else, Miigen may terminate your Account at any time without notice.

    If you have registered with Facebook, and change your primary email address later, this may affect your ability to access your Miigen account. Miigen registrations via Facebook links your email address and not keep both the same will break that linkage. We are not responsible for any email account changes on any third-party social media accounts which have been used as the registration process on Miigen.

    You should not register as a User if you are under 13 years of age, or (if older) the age in your jurisdiction below which parental/guardian consent is required to be obtained to join this kind of service.

    Miigen recommends that no login details are passed to anyone. We believe our system is safe and secure but like anything else, this cannot be 100% guaranteed. If you feel there has been suspicious activity on your account, please report in immediately to use at support@miigen.com with full details (name, email, information about the activity, and anything else appropriate) and we will investigate further. We may need to access your account, through a temporary password set by us, and upon completion will issue you with a new password.

    We recommend that you change your password at the earlier opportunity via your account settings if you feel any suspicious activity has taken place, or after our investigation has taken place.

  4. Your Images and User Content

    Note that:

    • Images must not exceed the maximum file size of 4 megabytes, or any other maximum we notify to you from time to time
    • We do not currently apply a fixed limit to the volume of Images or other User Content which may be uploaded provided you comply with our reasonable fair use requirements
    • Those fair use requirements would be breached by, for example:
      • The automated or scripted uploading of Images or other User Content;
      • The uploading of Images or other User Content on a high-frequency basis; or
      • The inclusion of very large volumes of Images or other User Content in an individual Account
    • Should you breach our fair use requirements, we may suspend your Account, cease to provide you with Storage and/or delete your Images and other User Content from our systems
    • We also reserve the right to make changes to Images which are intended to improve their storability, including:
      • Compression;
      • Size reduction and downscaling, such as creating "thumbnail" and low-resolution versions of Images; and
      • Format conversion;
    • We use reasonable commercial endeavours in our provision of Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide;
    • Images and other User Content may be deleted from your Account in various circumstances, as stated elsewhere in these Terms (including Clause 7);
    • Our policies concerning the storage of Images and User Content may change from time to time;
    • If an Image does not meet our specifications you may not be able to upload it;
    • We have rules about User Content, and these apply to the content of Images (see Clause 5 below) ("Content Rules"); if you breach our Content Rules, we may - amongst other things - terminate your Account. And if your Account is terminated, we may delete all Images and other User Content associated with that Account, so that they will no longer be accessible; and If we are notified of a claim or allegation that an Image breaches our Content Rules, we may prevent that Image being accessible through Miigen.

    Miigen may allow you to share your some of your Miigen Posts, Images and other User Content with invited friends or a User's linked Social Media Accounts.

    We are not responsible for the acts or omissions of anyone who has access to your Images or other User Content, whether as a result of Miigen Sharing or otherwise. You must not share or allow access to any of your Images or other User Content in return for payment or for any other commercial purpose.

    If you go through the process we specify for deleting Images or Posts from your Account, we will remove them as soon as we reasonably can; however, technically the deletion may not occur immediately.

    You are advised to keep back-ups of all of your User Content, including backup copies of Images. We do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).

    If we actively decide that we are to cease hosting Images or other User Content, or to provide the Miigen service, we will give you reasonable advance notice (of at least three months' duration) to permit you to make alternative arrangements.

  5. User Content and Content Rules

    Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Miigen are treated as "User Content" for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through Miigen, if you do not have the right to do so. Each User shall ensure that his/her User Content and Miigen Sharing does not:

    • infringe anyone's copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Miigen or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it on and through Miigen;
    • infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
    • contravene any applicable law (including, without limitation, any criminal law) or regulation;
    • include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
    • contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
    • misrepresent the User's identity in any way or impersonate any person;
    • include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
    • contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
    • harass, upset, embarrass, alarm or annoy any person;
    • give the impression that it emanates from us, if this is not the case;
    • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
    • infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of Miigen.

    The above are our Content Rules.

    Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and App. It is possible that Images or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or App please contact us.

    We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Miigen which includes any such Image or User Content.

    We record all activity surrounding content uploaded which breaks our content rules. If we feel it is a criminal matter, the information will be passed to the appropriate authorities in Scotland, the United Kingdom and the local authorities in the country where the activity took place. All details including names, emails, activity or any information deemed appropriate for the authorities to carry out their investigations will be freely handed over without hesitation.

  6. International use of Miigen

    You must ensure that you comply with the laws that apply to you and your use of Miigen, including as to User Content, and the Images that may be viewed through Miigen. That use may be prohibited or restricted in various jurisdictions.

  7. Languages

    Miigen will become a a multi-lingual application, where a range of language will be available. To provide you with a tailored experience, we will store your preferred language. Upon sign-up, this is English but you will be able to change your language via the various options seen throughout the site.

    The site contains areaa such as terms and conditions and due to legal restrictions, these are kept in English.  These may be translated at a later date. Miigen is not responsible for any third-party translation providers for correctness of translation.

  8. Closure of Accounts

    You may choose to cancel your Account at any time, view instructions. You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled, but not obliged, to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 8) shall not be terminated as a result.

  9. Intellectual Property

    By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Miigen and any other interactive services through which Miigen (or a service based on Miigen) is accessible, subject to and in accordance with under these Terms. The licence under this Clause 8 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Miigen (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access Miigen and that User Content only to the extent required for the use of Miigen in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Miigen, or any of the material which is found on Miigen unless properly licensed to do so by us. You are not allowed to use Miigen (or to copy or use any material found on Miigen) for any commercial purpose. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material which appears on Miigen. No-one may use any robot, spider, scraper or other automated means to access Miigen for any purpose without our prior express written permission.

  10. Privacy

    Our privacy policy governs all users of Miigen. By using or accessing Miigen, you give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use Miigen. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. No User shall use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms.

  11. Our Role

    We do not have responsibility for the Images and other User Content Users encounter on Miigen, nor for the acts, omissions and behaviour of other Users. You must not assume that Images and other User Content Users uploaded by other Users comply with our Content Rules by reason of it appearing on Miigen. We do not have any liability for the deletion of, or any failure to store, Images or User Content. Miigen may contain links to or advertisements for other sites, services or products ("Third Party Promotions"). Third Party Promotions may contain materials which you find offensive, objectionable, unlawful or inaccurate. The sites or other destinations to which Third Party Promotions lead are governed by their own terms of use and privacy policies which will differ from these Terms. The inclusion of links to Third Party Promotions does not indicate that we endorse them and we are not responsible for examining or evaluating the content of such sites or destinations or goods or services available through them.

  12. Suspension

    We reserve the right at any time and without notice:

    • to suspend your ability to access Miigen, or your use of all of part of it;
    • to remove from access via Miigen any User Content associated with you or your Account;
    • to warn Users and other users of Miigen against interacting with you; and/or
    • to take technical and legal steps to stop you from accessing or using Miigen, if you appear to us to be in breach of any provision of these Terms.

    Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

    If a suspension under this Clause 11 continues for seven days or more, we shall be entitled immediately to terminate your participation in Miigen by emailed notice to you.

  13. Contact from third parties

    If anyone contacts us in relation to User Content associated with you, then you agree:

    • to provide all reasonable information and assistance we may require in connection with responding to that contact; and
    • to respond promptly and accurately to it, should we pass the message to you for a response.
  14. Additional services

    We, our affiliates or third parties with which we contract may offer new, updated or additional services through Miigen from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Provided that those terms are notified to you on Miigen in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these Terms.

  15. Operation of Miigen

    We reserve the right to withdraw or modify all or part of the Services or Miigen where we have legal or commercial reasons to do so. There may be times when the operation of Miigen is adversely affected, or Miigen becomes inaccessible, as a result of technical difficulties experienced by Miigen, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Miigen or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Miigen. For security or other reasons, we may require you to change your password or other information which facilitates access to Miigen; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

  16. Liability

    We use reasonable care and skill to provide Miigen in accordance with our specifications for Miigen but we cannot and do not guarantee that Miigen will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made available through Miigen.

    We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

    We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

    • for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or
    • for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising.

    Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, Miigen will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 15 shall survive the termination or expiry of these Terms.

  17. Indemnity

    You agree to indemnify Miigen against all liabilities, claims and expenses that may arise out of or in connection with any:

    • breach of these Terms by you or through your Account; or
    • User Content associated with you or your Account.
  18. Assignment

    We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of Miigen assign or dispose of these Terms or any of your rights and obligations under it.

  19. Entire Agreement

    These Terms are intended to contain your entire agreement with us relating to your use of and access to Miigen; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Miigen.

  20. Changes to these Terms

    We reserve the right to change these Terms from time to time, and post the new version on Miigen. The new version of these Terms will take effect:

    • commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or
    • immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address (www.miigen.co.uk) that you use to access, Miigen, and (ii) the refinement of provisions that are already included or referred to in these Terms.

    In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Miigen. For the avoidance of doubt, we will not have any liability to you in that event.

    These Terms were last updated 24th May 2018.

  21. General

    If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

  22. Law

    These Terms and the Services shall be governed by Scottish law. You and we each submit to the non-exclusive jurisdiction of the Scottish courts in relation to disputes arising in connection with these Terms or the Services.

  23. Keeping these Terms

    We don't separately file the Terms entered into by Users when they register for Miigen. You can make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.

  24. Contact

    We are a company registered in Scotland under registration number SC392101 under the name Miigen (UK) Ltd. You can contact us at one or more email addresses which we may notify to you from time to time. We will send our notices to you by email to the email address specified in your Account.

Promotion Terms and Conditions

  1. Unless otherwise stated on the promotion page, the prize draw is open to all UK and ROI residents over the age of 18, except retirees or employees of the Promoter and the Promoter's Company Group (Miigen Ltd and its subsidiaries from time to time), their families, agents or any third party directly associated with administration of the prize draw.

  2. After the closing date, a draw will be held in which 1 winner will be chosen at random and contacted within two weeks. If after 5 days we have not had a response, we will re-draw the prize.

  3. The prize draw is free to enter and no purchase is necessary.

  4. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault, network or server failure.

  5. The winners will be chosen by random draw performed by a computer process.

  6. The winner will be notified by email or telephone and must provide a full mainland postal address and telephone number of the country(ies) stated on the promotion page to claim their prize. If no country(ies) are stated, or it is not specified as a global competition the countries are UK or ROI. If a winner does not respond to the Promoter within 5 working days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.

  7. The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.

  8. The Promoter reserves the right to replace the prize with an alternative prize of equal or lower value if circumstances beyond the Promoter's control makes it necessary to do so.

  9. The decision of the Promoter regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.

  10. The winners' name and county can be obtained by sending a stamped addressed envelope to Miigen Ltd, 15 Borrowmeadow Road, Springkerse Industrial Estate, Stirling, FK7 7UW, Scotland, United Kingdom or an email to support@miigen.com within 60 days after the date of the closing date of the prize draw.

  11. Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

  12. The Promoter reserves the right to hold void, cancel, suspend, or amend the promotion where it becomes necessary to do so.

  13. Winners may be required to participate in publicity related to the prize draw, which may include the publication of their name and photograph in any media. The Promoter's privacy policy can be located at our privacy policy.

  14. Personal data supplied during the course of this promotion may be passed on to third party suppliers only insofar as required for fulfillment/delivery/arrangement of the prize.

  15. The prize draw will be governed by Scottish law and entrants to the prize draw submit to the jurisdiction of the Scottish courts.

  16. The Promoter of this prize draw is Miigen Ltd of 15 Borrowmeadow Road, Springkerse Industrial Estate, Stirling, FK7 7UW, Scotland, United Kingdom. If you have any questions concerning this competition, please write to the same address or email support@miigen.com.